Nei v. Dooley.

• Position: Prisoners sues prison officials for violating 8th amendment rights - Brief Article

U.S. Appeals Court

PRISONER ON PRISONER ASSAULT

Nei v. Dooley, 372 F.3d 1003 (8th Cir. 2004). Inmates brought a civil rights action against a warden and other prison officials claiming that their Eighth Amendment rights were violated by exposure to an HIV-positive inmate who assaulted and threatened to infect them. The district court denied the defendants' motion for summary judgment and the defendants appealed. The appeals court affirmed, finding that summary judgment was precluded by a fact issue as to whether prison officials knew that the inmate was infected with AIDS, that the...